[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Proposed Rules]
[Pages 11768-11809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4422]
[[Page 11767]]
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Part III
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Proposed Designation of
Critical Habitat for the Pacific Coast Population of the Western Snowy
Plover; Proposed Rule
Federal Register / Vol. 60, No. 41 / Thursday, March 2, 1995 /
Proposed Rules
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[[Page 11768]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD10
Endangered and Threatened Wildlife and Plants; Proposed
Designation of Critical Habitat for the Pacific Coast Population of the
Western Snowy Plover
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to
designate 28 areas along the coast of California, Oregon, and
Washington as critical habitat for the Pacific coast vertebrate
population segment of the western snowy plover (Charadrius alexandrinus
nivosus). This small shorebird is listed as a threatened species under
the Endangered Species Act of 1973, as amended (Act). Critical habitat
designation would provide additional protection under section 7 of the
Act with regard to activities that require Federal agency action. As
required by section 4 of the Act, the Service will consider economic
and other relevant impacts prior to making a final decision on the size
and configuration of critical habitat.
DATES: Comments from all interested parties must be received by May 31,
1995. Public hearing requests must be received by April 17, 1995.
ADDRESSES: Comments and materials concerning this proposal should be
sent to Joel Medlin, Field Supervisor, U.S. Fish and Wildlife Service,
Sacramento Field Office, 2800 Cottage Way, Room E-1803, Sacramento, CA
95825-1846. Comments and materials received will be available for
public inspection, by appointment, during normal business hours at the
above address.
FOR FURTHER INFORMATION CONTACT: Ms. Karen J. Miller, Sacramento Field
Office (see ADDRESSES section) telephone 916/979-2725, facsimile 916/
979-2723.
SUPPLEMENTARY INFORMATION:
Background
Previous Federal Actions
On March 24, 1988, the Service received a petition from Dr. J.P.
Myers of the National Audubon Society to list the Pacific coast
population of the western snowy plover as a threatened species under
the Act. On November 14, 1988, the Service published a 90-day petition
finding (53 FR 45788) that substantial information had been presented
indicating the requested action may be warranted. At that time, the
Service acknowledged that questions pertaining to the demarcation of
the subspecies and significance of interchange between coastal and
interior stocks of the subspecies remained to be answered. Public
comments were requested on the status of the coastal population of the
western snowy plover. A status review of the entire subspecies had been
in progress since the Service's December 30, 1982, Vertebrate Notice of
Review (47 FR 58454). In that notice, as in subsequent notices of
review (September 18, 1985 (50 FR 37958); January 6, 1989 (54 FR 554)),
the western snowy plover was included as a category 2 candidate.
Category 2 encompasses species for which information now in possession
of the Service indicates that proposing to list as endangered or
threatened is possibly appropriate, but for which conclusive data on
biological vulnerability and threat are not currently available to
support proposed rules. The public comment period on the petition was
closed on July 11, 1989 (54 FR 26811, June 26, 1989).
In September 1989, the Service completed a status report on the
western snowy plover. Based on the best scientific and commercial data
available, including comments submitted during the status review, the
Service made a 12-month petition finding on June 25, 1990, that the
petitioned action was warranted but precluded by other pending listing
actions, in accordance with section 4(b)(3)(B)(iii) of the Act.
On January 14, 1992 (57 FR 1443), the Service published a proposal
to list the coastal population of the western snowy plover as a
threatened species. After a review of the best scientific and
commercial available and all comments received in response to the
proposed rule, the Service published a final rule to list the coastal
population of the western snowy plover as a threatened species on March
5, 1993 (58 FR 12864), and thereby activated the protections applicable
to listed species. The Service did not propose to designate critical
habitat for the snowy plover within the proposed or final listing
rulemaking because the Service found that critical habitat was not then
determinable. The Service now has the information needed for a critical
habitat proposal.
Ecological Considerations
The western snowy plover, which is one of twelve subspecies of the
snowy plover (Rittinghaus 1961 in Jacobs 1986), is a small, pale
colored shorebird with dark patches on either side of the upper breast.
The species was first described in 1758 by Linnaeus (American
Ornithologists' Union 1957). For a complete discussion of the ecology
and life history of this subspecies, see the Service's March 5, 1993,
final rule listing the coastal population of the western snowy plover
as a threatened species (58 FR 12864).
The Pacific coast population of the western snowy plover breeds in
loose colonies primarily on coastal beaches from southern Washington to
southern Baja California, Mexico. On the Pacific coast, larger
concentrations of breeding birds occur in the south than in the north,
suggesting that the center of the plovers' coastal distribution lies
closer to the southern boundary of California (Page and Stenzel 1981).
In Baja California, Mexico, snowy plovers are distributed across 28
sites, with concentrations at six coastal lakes (Dra. Graciela De La
Graza Garcia, Director General of Conservation Ecology and Natural
Resources, United States of Mexico, in litt., 1992). Other less common
nesting habitat includes salt pans, coastal dredged spoil disposal
sites, dry salt ponds, and salt pond levees and islands (Widrig 1980,
Wilson 1980, Page and Stenzel 1981). Sand spits, dune-backed beaches,
unvegetated beach strands, open areas around estuaries, and beaches at
river mouths are the preferred coastal habitats for nesting (Stenzel et
al. 1981, Wilson 1980).
Based on the most recent surveys, a total of 28 snowy plover
breeding sites or areas currently occur on the Pacific Coast of the
United States. Two sites occur in southern Washington--one at
Leadbetter Point, in Willapa Bay (Widrig 1980), and the other at Damon
Point, in Grays Harbor (Anthony 1985). In Oregon, nesting birds were
recorded in 6 locations in 1990 with 3 sites (Bayocean Spit, North Spit
Coos Bay and spoils, and Bandon State Park-Floras Lake) supporting 81
percent of the total coastal nesting population (Oregon Department of
Fish and Wildlife, unpubl. data, 1991). A total of 20 plover breeding
areas currently occur in coastal California (Page et al. 1991). Eight
areas support 78 percent of the California coastal breeding population:
San Francisco Bay, Monterey Bay, Morro Bay, the Callendar-Mussel Rock
Dunes area, the Point Sal to Point Conception area, the Oxnard lowland,
Santa Rosa Island, and San Nicolas Island (Page et al. 1991).
The coastal population of the western snowy plover consists of both
resident and migratory birds. Some birds winter in the same areas used
for breeding (Warriner et al. 1986, Wilson-Jacobs, [[Page 11769]] pers.
comm. in Page et al. 1986). Other birds migrate either north or south
to wintering areas (Warriner et al. 1986). Plovers occasionally winter
in southern coastal Washington (Brittell et al. 1976). The recent
discovery of snowy plovers wintering near Cape Shoalwater in Pacific
County, Washington, represents the northernmost record of wintering
snowy plovers on the Pacific coast (Scott Richardson, Washington
Department of Wildlife, pers. comm., 1994). From 43 to 81 plovers
wintered on the Oregon coast between 1982-1990, primarily on 3 beach
segments (Oregon Department of Fish and Wildlife 1994). The majority of
birds, however, winter south of Bodega Bay, California (Page et al.
1986). Wintering plovers occur in widely scattered locations on both
coasts of Baja California and significant numbers have been observed on
the mainland coast of Mexico at least as far south as San Blas, Nayarit
(Page et al. 1986). Many interior birds west of the Rocky Mountains
winter on the Pacific coast (Page et al. 1986, Stern et al. 1988).
Birds winter in habitats similar to those used during the nesting
season.
Widely varying nest success (percentage of nests hatching at least
one egg) and reproductive success (number of young fledged per female,
pair, or nest) are reported in the literature. Nest success ranges from
0 to 80 percent for coastal snowy plovers (Widrig 1980, Wilson 1980,
Saul 1982, Wilson-Jacobs and Dorsey 1985, Wickham unpubl. data in
Jacobs 1986, Warriner et al. 1986). Instances of low nest success have
been attributed to a variety of factors, including predation, human
disturbance, and inclement weather conditions. Reproductive success
ranges from 0.05 to 2.40 young fledged per female, pair or nest (Page
et al. 1977, Widrig 1980, Wilson 1980, Saul 1982, Warriner et al. 1986,
Page 1988). Page et al. (1977) estimated that snowy plovers must fledge
0.8 young per female to maintain a stable population. Reproductive
success falls far short of this threshold at many nesting sites (Widrig
1980, Wilson 1980, Warriner et al. 1986, Page 1988, Page 1990).
Management Considerations
Historic records indicate that nesting western snowy plovers were
once more widely distributed in coastal California, Oregon, and
Washington than they are currently. In coastal California, snowy
plovers bred at 53 locations prior to 1970 (Page and Stenzel 1981).
Since that time, no evidence of breeding birds has been found at 33 of
these 53 sites, representing a 62 percent decline in breeding sites
(Page and Stenzel 1981). The greatest losses of breeding habitat were
in southern California, within the central portion of the snowy
plover's coastal breeding range. In Oregon, snowy plovers historically
nested at 29 locations on the coast (Charles Bruce, Oregon Department
of Fish and Wildlife, pers. comm., 1991). In 1990 only 6 nesting
colonies remained, representing a 79 percent decline in active breeding
sites. In Washington, snowy plovers formerly nested in at least 5 sites
on the coast (Eric Cummins, pers. comm., 1991). Today only 2 colony
sites remain active, representing, at minimum, a 60 percent decline in
breeding sites.
In addition to loss of nesting sites, the plover breeding
population in California, Oregon, and Washington has declined 17
percent between 1977 and 1989 (Page et al. 1991). Declines in the
breeding population have been specifically documented in Oregon and
California. Breeding season surveys along the Oregon coast from 1978 to
1993 show that the number of adult snowy plovers has declined
significantly at an average annual rate of about 7 percent (Oregon
Department of Fish and Wildlife 1994). The number of adults has
declined from a high of 142 adults in 1981 to a low of 30 adults in
1992 (Oregon Department of Fish and Wildlife 1994; Randy Fisher, Oregon
Department of Fish and Wildlife, in litt., 1992). If the current trend
continues, breeding snowy plovers could disappear from coastal Oregon
by 1999. In 1981, the coastal California breeding population of snowy
plovers was estimated to be 1,565 adults (Page and Stenzel 1981). In
1989, surveys revealed 1,386 plovers (Page et al. 1991), an 11 percent
decline in the breeding population. The population decline in
California may be greater than indicated; the 1989 survey results are
considered more reliable than the earlier estimates, which may have
underestimated the overall population size (Gary Page, pers. comm.,
1991).
Although there are no historic data for Washington, it is doubtful
that the snowy plover breeding population in Washington was ever very
large (Brittell et al. 1976). However, loss of nesting sites in this
state probably has resulted in a reduction in their overall population
size. In recent years, fewer than 30 birds have nested on the southern
coast of Washington (James Atkinson, pers. comm, 1990; Eric Cummins,
pers. comm., 1991). In 1991, only one successful brood was detected in
the State (Tom Juelson, Washington Department of Wildlife, in litt.,
1992).
Survey data also indicate a decline in wintering snowy plovers,
particularly in southern California. The number of snowy plovers
observed during Christmas Bird Counts from 1962 to 1984 significantly
decreased in southern California despite an increase in observer
participation in the counts (Page et al. 1986). This observed decline
was not accompanied by a significant loss of wintering habitat over the
same time period (Page et al. 1986).
The most important form of habitat loss to coastal breeding snowy
plovers has been encroachment of European beachgrass (Ammophila
arenaria). This non-native plant was introduced to the west coast
around 1898 to stabilize dunes (Wiedemann 1987). Since then it has
spread up and down the coast and now is found from British Columbia to
southern California (Ventura County). European beachgrass is currently
a major dune plant at about 50 percent of California breeding sites and
all of those in Oregon and Washington (J.P. Myers, National Audubon
Society, in litt., 1988). Stabilizing sand dunes with European
beachgrass has reduced the amount of unvegetated area above the
tideline, decreased the width of the beach, and increased its slope.
These changes have reduced the amount of potential snowy plover nesting
habitat on many beaches and may hamper brood movements. The beachgrass
community also provides habitat for snowy plover predators that
historically would have been largely precluded by the lack of cover in
the dune community. Cost effective methods to control or eradicate
European beachgrass have not yet been found.
In the habitat remaining for snowy plover nesting, human activity
(e.g., walking, jogging, running pets, horseback riding, off-road
vehicle use, and beach raking) is a key factor in the ongoing decline
in snowy plover coastal breeding sites and breeding populations in
California, Oregon, and Washington. The nesting season of the western
snowy plover (mid-March to mid-September) coincides with the season of
greatest human use on beaches of the west coast (Memorial Day through
Labor Day). Human activities detrimental to nesting snowy plovers
include unintentional disturbance and trampling of eggs and chicks by
people and unleashed pets (Stenzel et al. 1981, Warriner et al. 1986,
P. Persons, in litt., 1992), off-road vehicle use (Widrig 1980, Stenzel
et al. 1981, Anthony 1985, Warriner et al. 1986, Page 1988, Philip
Persons, in litt., 1992); horseback riding (Woolington 1985, Page 1988,
Philip Persons, in litt., 1992); and beach raking (Stenzel et al.
1981). Page et al. (1977) [[Page 11770]] found that snowy plovers were
disturbed more than twice as often by such human activities than all
other natural causes combined.
In the few instances where human intrusion into snowy plover
nesting areas has been precluded either through area closures or by
natural events, nesting success has improved. The average number of
young fledged per nesting pair increased from 0.75 to 2.00 after the
nesting site at Leadbetter Point, Washington was closed to human
activities (Saul 1982). Similarly, vehicle closure on a portion of
Pismo Beach, California, led to an eight-fold increase in the nesting
plover population (W. David Shuford, Point Reyes Bird Observatory, in
litt., 1989). After beach access was virtually eliminated by the 1989
earthquake, fledging success increased 16 percent at Moss Landing
Beach, California (Page 1990).
Predation by mammalian and avian predators is a major concern at a
number of nesting sites. Western snowy plover eggs, chicks, and adults
are taken by a variety of avian and mammalian predators. These losses,
particularly to avian predators, are exacerbated by human disturbances.
Of the many predators, American crows (Corvus brachyrhynchos), ravens
(C. corax), and red fox (Vulpes) have had a significantly adverse
effect on reproductive success at several colony sites (Wilson-Jacobs
and Meslow 1984, Page 1988, John and Jane Warriner, Point Reyes Bird
Observatory, in litt., 1989, Page 1990, Stern et al. 1991).
Accumulation of trash at beaches attracts these as well as other
predators (Stern et al. 1990, Hogan 1991).
At most active breeding sites few measures have been implemented
specifically to protect snowy plovers. Artificial measures have been
used at several nesting sites to improve snowy plover nesting success.
In 1991, the California Department of Parks and Recreation and the
Service conducted plover nest enclosure studies on National Wildlife
Refuge and State property in the Monterey area. Hatching success of
plover nests in enclosures was 81 percent as compared to 28 percent for
unprotected nests (Richard G. Rayburn, California Department of Parks
and Recreation, in litt., 1992, Elaine Harding-Smith, U.S. Fish and
Wildlife Service, pers. comm., 1992). Use of nest enclosures at Coos
Bay North Spit resulted in up to 88 percent nesting success, compared
to as low as 9 percent success for unprotected nests (Stern et al.
1991, Randy Fisher, in litt., 1992). Nest enclosures continue to be
used at the above sites. The Service recently finalized a predator
management plan for Salinas River National Wildlife Refuge, which
proposes management measures to reduce red fox populations on the
Refuge (Parker and Takekawa 1993).
In a few areas in California, including the Marine Corps Base at
Camp Pendleton, plovers have benefitted somewhat from protective
measures taken for the endangered California least tern (Sterna
antillarum browni). At Vandenberg Air Force Base in southern
California, beaches are closed to all foot and vehicular traffic during
the least tern nesting season (Donna Brewer, U.S. Fish and Wildlife
Service, pers. comm., 1991). Dogs and cattle have been restricted from
some beaches at Point Reyes National Seashore (Gary Page, pers. comm.,
1991), and some beaches on Federal land in Oregon have been closed to
vehicles to protect plovers and other wildlife (Charles Bruce, pers.
comm., 1991). Leadbetter Point in Washington (Fish and Wildlife
Service), a 5-acre spoil disposal site in Coos Bay (Bureau of Land
Management), and a 25-acre spoil disposal site in Coos Bay (Corps of
Engineers) are the only nesting sites where human access has been
restricted in the past specifically for plover nesting. In 1993, at
Oregon Dunes National Recreation Area, the Forest Service used
temporary fencing and signing to direct beach visitors away from snowy
plover nesting areas. At Coos Bay, Oregon, the Corps of Engineers is
proposing two projects to create or improve plover nesting habitat
using dredged spoils.
Relationship to Recovery
Section 2(c)(1) of the Act declares that ``all Federal departments
and agencies shall seek to conserve endangered and threatened species
and shall utilize their authorities in furtherance of the purposes of
this Act.'' Section 3(3) of the Act defines conservation as the use of
all methods and procedures needed to recover an endangered or
threatened species to the point at which it no longer needs to be
listed under the Act. The Act mandates the conservation of listed
species through different mechanisms, such as section 7 (requiring
Federal agencies to further the purposes of the Act by carrying out
conservation programs and insuring that Federal actions will not likely
jeopardize the continued existence of listed species or result in the
destruction or adverse modification of designated critical habitat);
section 9 (prohibition of taking of listed species); section 10
(wildlife research permits, and other permits based on conservation
plans); section 6 (cooperative agreements and Federal grants); section
5 (land acquisition); and research.
A recovery plan under section 4(f) of the Act is the ``umbrella''
that eventually guides all of these activities and promotes species'
conservation and eventual delisting. Recovery plans provide guidance,
which may include population goals and identification of areas in need
of protection or special management, so that the species' status may
improve to where it may be removed from the list of endangered and
threatened wildlife and plants. Recovery plans usually include
management recommendations for areas proposed or designated as critical
habitat.
The Service considers the conservation of a species in a
designation of critical habitat. The designation of critical habitat
will not, in itself, result in the recovery of the species, but is one
of several measures available to contribute to conservation of the
species. Critical habitat helps focus conservation activities by
identifying areas that contain essential habitat features (primary
constituent elements) that require special management. The protection
given critical habitat under section 7 also immediately increases the
protection given to these primary constituent elements and essential
areas and preserves options for the long-term conservation of the
species. The protection of these areas may also shorten the time needed
to achieve recovery. Designation of critical habitat also heightens the
awareness of the public and agencies of species conservation needs.
Designating critical habitat does not create a management plan,
establish numerical population goals, or prescribe specific management
actions, and it has no direct effect on areas not designated. Specific
management recommendations for critical habitat are addressed in
recovery plans, management plans, and section 7 consultations. Areas
outside of critical habitat also may have an important role in
conservation of a listed species. A designation of critical habitat may
be reevaluated and revised at any time that new information indicates
changes are warranted. In considering whether to designate critical
habitat, the Service will evaluate whether land management plans,
recovery plans, or other conservation strategies have been developed
and fully implemented that may reduce the need for the additional
protection provided by a critical habitat designation. [[Page 11771]]
Critical Habitat
Definition
Critical habitat, as defined by section 3 of the Act (16 U.S.C.
1532) means (i) the specific areas within the geographical area
occupied by a species at the time it is listed on which are found those
physical or biological features (I) essential to the conservation of
the species and (II) which may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by the species at the time it is listed,
upon determination that such areas are essential for the conservation
of the species. The term ``conservation'' as defined in section 3(3) of
the Act, means ``to use and the use of all methods and procedures which
are necessary to bring any endangered species or threatened species to
the point at which the measures provided pursuant to this Act are no
longer necessary.'' 16 U.S.C. 1532(3). Critical habitat, then, is to
include biologically suitable areas necessary to recovery of the
species. Critical habitat may be proposed for species that are already
listed as threatened or endangered. Section 3 further states that in
most cases the entire range of a species should not be encompassed
within critical habitat.
Primary Constituent Elements
The Act requires critical habitat designations to be based on the
best scientific data available 16 U.S.C. 1533(a)(2). In determining
what areas are critical habitat, the Service considers those physical
and biological attributes that are essential to the conservation of the
species and that may require special management considerations or
protection. Such requirements include, but are not limited to, the
following (1) Space for individual and population growth, and normal
behavior; (2) food, water, or other nutritional or physiological
requirements; (3) cover or shelter; (4) sites for breeding,
reproduction, rearing of offspring, germination, or seed dispersal; and
generally (5) habitats that are protected from disturbance or are
representative of the historic, geographical, and ecological
distributions of a species (50 CFR 424.12).
In considering the designation of critical habitat, the Service
focuses on the primary physical or biological constituent elements of
the area that are essential to the conservation of the species (50 CFR
424.12). Primary constituent elements may include, but are not limited
to, roost sites, nesting grounds, spawning sites, feeding sites,
seasonal wetland or dryland, water quality or quantity, host species or
plant pollinator, geological formation, vegetation type, tide, and
specific soil types (50 CFR 424.12).
The proposed designation of critical habitat for the coastal
population of the western snowy plover is based on the following
physical and biological features and primary constituent elements:
* Space for individual and population growth.
* Food, water, air, light, minerals, and other nutritional or
physiological requirements.
* Roost sites.
* Sites for breeding, reproduction, and rearing of offspring.
* Habitats (nesting grounds and feeding sites) that are
protected from disturbance and are representative of the historic
geographical and ecological distribution of the species.
For all areas of critical habitat proposed for the plover, these
physical and biological features and primary constituent elements are
provided or will be provided by intertidal beaches (between mean low
water and mean high tide), associated dune systems, and river
estuaries. Important components of the beach/dune/estuarine ecosystem
include surf-cast kelp, sparsely vegetated foredunes, interdunal flats,
spits, washover areas, blowouts, intertidal flats, salt flats, and flat
rocky outcrops. Several of these components (sparse vegetation, salt
flats) are mimicked in artificial habitat types used less commonly by
snowy plovers (i.e., dredge spoil sites and salt ponds and adjoining
levees). Functional suitability of areas containing the features listed
above is also contingent upon isolation from human disturbance and
predation. These attributes are considered essential to the
conservation of the coastal population of the western snowy plover.
The primary constituent elements of snowy plover nesting, foraging,
and roosting habitat could occur on virtually every beach along the
Pacific coast. Therefore, biologically based criteria were developed as
a basis for further identifying critical habitat areas and related
recovery objectives. The key components of site importance as it
relates to recovery of the species were existing nesting capacity,
wintering capacity, and geographic location. Those sites in Washington,
Oregon, and California that currently support the majority of breeding
and wintering western snowy plovers were initially selected for
critical habitat designation. Several additional sites in California
were selected for designation to avoid a large gap in the geographic
distribution of breeding or wintering birds. Important nesting and
wintering sites were identified from Page and Stenzel (1981), Page et
al. (1986), Page et al. (1991), Washington Department of Wildlife
(1993), and Oregon Department of Fish and Wildlife (1994); and through
personal communications with professionals in the field.
Proposed Critical Habitat Designation
The Service has identified 28 critical habitat areas totalling
approximately 20,000 acres and about 210 miles of coastline, or about
10 percent of the coastline of California, Oregon, and Washington. Of
the 28 areas, 19 critical habitat areas are proposed in California, 7
in Oregon, and 2 in Washington. Within the last decade, these sites
provided habitat for about 65 percent of nesting and 60 percent of
wintering western snowy plovers in California; 95 percent of nesting
and 95 percent of wintering plovers in Oregon; and 100 percent of
nesting and about 90 percent of wintering plovers in Washington.
Protection and special management of these sites are essential to
recovery of the coastal population of the western snowy plover and will
form the cornerstone of a recovery plan.
In California, approximately 25 percent of proposed critical
habitat occurs on Federal lands. About 50 percent of critical habitat
proposed on non-Federal lands is State-owned, with the California
Department of Parks and Recreation being the primary land manager. In
Oregon about 45 percent of proposed critical habitat areas occurs on
Federal land with the remainder controlled primarily by State agencies.
Of the two sites proposed in the State of Washington, one is State
property, and the second includes State lands adjacent to Willapa
National Wildlife Refuge.
The Service excluded from proposed critical habitat designation,
lands that already provide adequate protection for the western snowy
plover. These sites include lands that provide plover nesting and
wintering habitat within three National Wildlife Refuge complexes--
Willapa National Wildlife Refuge in Washington, and Salinas National
Wildlife Refuge and the Southern California Coastal Complex in
California. Programs currently exist on these refuges to protect snowy
plovers. Also excluded are lands owned and/or managed by the National
Park Service. Important plover nesting areas on National Park Service
lands (such as Santa Rosa Island) are relatively inaccessible by the
public. Any recreational use impacts or other identifiable impacts on
breeding and wintering birds or their habitat would [[Page 11772]] be
covered through the section 7 consultation process. Also excluded are
key nesting areas on Camp Pendleton in San Diego County, California. A
programmatic consultation currently underway between the Service and
the Department of the Navy will address any adverse effects to nesting
plovers and their habitat. For the above sites, therefore, designation
of critical habitat would provide no additional benefit to the species.
Prior to making a final decision on this proposal the Service will
continue to consider whether existing management provides adequate
protection for nesting and wintering western snowy plovers. For
example, we are working with the Resources Agency of California to
identify California State Park lands in this proposal that are
currently providing adequate protection for these birds. The Service
may exclude adequately protected sites from designation.
The Service also excluded from proposed critical habitat sites that
would significantly conflict with the survival and recovery objectives
of other listed species. Significant conflicts were identified between
the habitat needs of snowy plovers and biological objectives for the
California clapper rail (Rallus longirostris obsoletus), light-footed
clapper rail (Rallus longirostris levipes), and salt marsh harvest
mouse (Reithrodontomys raviventris). The two rails and mouse are
federally listed endangered species.
The California clapper rail and salt marsh harvest mouse inhabit
estuarine marshes of San Francisco Bay. Over 90 percent of historic
tidal marsh habitat in the Bay has been lost, primarily through the
development of commercial salt ponds (Josselyn 1983). Western snowy
plovers have taken advantage of this artificial salt pond habitat,
primarily in south San Francisco Bay, and nest on levees or islands
within active salt ponds or in abandoned dry salt ponds. This
artificial habitat supports the largest subpopulation of snowy plovers
within its range (Page et al. 1991). This same habitat, with the
exception of two salt pond sites used by nesting snowy plovers,
however, is identified in the recovery plan for the California clapper
rail and salt marsh harvest mouse for restoration to historic tidal
marsh (U.S. Fish and Wildlife Service 1984; Peter Sorensen, Fish and
Wildlife Service, pers. comm., 1994).
The light-footed clapper rail inhabits coastal tidal marshes from
Santa Barbara County south to Baja California, Mexico. Over two-thirds
of historic tidal marsh habitat has been lost (Speth 1971) primarily to
urban development, flood control, and oil development. Several sites in
Ventura, Orange, and San Diego Counties provide nesting and/or
wintering habitat for snowy plovers, but also provide high quality
clapper rail habitat or represent high priority tidal marsh restoration
sites in the light-footed clapper rail recovery plan (U.S. Fish and
Wildlife Service 1985). These sites are Bolsa Chica, Agua Hedionda
Lagoon, Batiquitos Lagoon, San Elijo Lagoon, San Dieguito Lagoon, Los
Penasquitos Lagoon, the San Diego River mouth, and the marshes of south
San Diego Bay. Because the light-footed clapper rail is endangered and
the habitat needs of this species differ significantly from those of
the western snowy plover, the Service is excluding these sites from
critical habitat designation.
Overall, this proposal focuses the primary recovery objectives for
the western snowy plover on coastal beach and dune habitats, which
represent a significant proportion of natural nesting and wintering
habitat of the coastal population of the western snowy plover. These
natural habitats, therefore, are considered essential to conservation
of this threatened species. Protection of these sites as well as plover
habitat on Fish and Wildlife Service, National Park Service, and Navy
lands at Camp Pendleton will provide added protection for about 76
percent of nesting and 65 percent of wintering plovers rangewide. Sites
excluded from critical habitat designation for the various reasons
given above should not be considered as unnecessary to conservation of
the species. The recovery plan for the coastal population of the
western snowy plover will address the value of these areas to species'
recovery. At the present time, these excluded sites support about 20
percent of the coastal population of the western snowy plover and
during the recovery process may provide birds to supplement populations
in essential breeding and wintering areas. If focusing recovery on the
28 proposed critical habitat areas proves unattainable, additional
sites may be proposed as critical habitat in the future to aid in
recovery of the species.
At this time, conservation of the Pacific coast population of the
western snowy plover requires sufficient management efforts at all
sites proposed as critical habitat. However, new information that may
be grounds for review of this determination includes, but is not
limited to, data showing that the species is more or less vulnerable
than currently thought, a change in the species' status due to
catastrophic events such as disease or weather, or evidence that
continuing efforts to conserve the species are insufficient.
Many of the proposed critical habitat areas include large expanses
of beach. For proposed sites that support nesting snowy plovers,
nesting colonies may occupy only a small portion of the proposed
critical habitat area. The larger critical habitat area is needed,
however, because foraging occurs throughout the intertidal and foredune
portions of the beach. Designation of larger critical habitat areas
also will allow for natural shifting of plover nesting colonies as a
result of vegetational changes and weather related events that
reconfigure suitable nesting habitat.
Regulations governing designation of critical habitat (50 CFR 424
12(h)) state that critical habitat shall not be designated within
foreign countries. Although the Pacific coast population of the western
snowy plover's breeding and wintering range extends into Mexico, no
critical habitat is proposed outside United States jurisdiction.
Effects of Critical Habitat Designation
Section 4(b)(8) of the Act requires, for any proposed or final
regulation that designates critical habitat, a brief description and
evaluation of those activities (public or private) that may adversely
modify such habitat or may be affected by such designation. Regulations
found at 50 CFR 402.02 define destruction or adverse modification of
critical habitat as a direct or indirect alteration that appreciably
diminishes the value of critical habitat for both the survival and
recovery of a listed species. Such alterations include, but are not
limited to, alterations adversely modifying any of those physical or
biological features that were the basis for determining the habitat to
be critical, that is, its primary constituent elements.
An activity will not adversely modify an area within designated
critical habitat that does not contain any constituent elements. For
example, existing areas such as parking lots, paved roads, and various
kinds of structures within the proposed critical habitat boundaries
clearly would not furnish habitat or biological features for western
snowy plovers. Furthermore, some activities would not be restricted by
critical habitat designation because they would have no significant
adverse effect on the primary constituent elements.
Activities that may adversely modify critical habitat are subject
to regulation under section 7(a) of the Act if they are carried out,
authorized, or funded by a Federal agency. The purpose of consultations
between the Service and [[Page 11773]] other Federal agencies is to
ensure that activities are carried out in a manner that is not likely
to jeopardize the continued existence of listed species or adversely
modify or destroy its critical habitat. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act and 50 CFR 402.10 of the
regulations, require Federal agencies to confer informally with the
Service on any action that is likely to result in destruction or
adverse modification of proposed critical habitat.
Activities areas that could adversely affect proposed critical
habitat of the coastal population of the western snowy plover fall into
seven general categories:
(1) projects or management activities that cause, induce, or
increase human-associated disturbance on beaches, including
operation of off-road vehicles on the beach and beach cleaning.
These activities may reduce the functional suitability of nesting,
foraging, and roosting areas. Activities that may adversely modify
critical habitat areas that support wintering birds (September 15-
February 29) include beach cleaning that removes surfcast kelp and
driftwood, dogs off leash, off-road vehicle driven at night, and
falcon flying. Activities within posted fenced or otherwise
protected nesting areas (March 1-September 14) that may adversely
modify critical habitat areas include camping, off-road vehicle use
(day or night), walking, jogging, clam digging, pets on or off
leash, livestock grazing, sunbathing, picnicking, horseback riding,
hang gliding, kite flying, model airplane flying, beach cleaning,
and falcon flying in or over active nesting areas. With very few
exceptions, the nesting area is a small fraction of the entire
beach. Thus, no more that 5 to 15 percent of the vast majority of
the units would be removed from these kinds of public uses during
the breeding season. The Service would work with landowners to
develop signs or fencing or other means to protect these small
nesting areas. Furthermore, western snowy plovers occupy the soft
sandy portions of the upper beach or foredunes, and people tend to
prefer lower beach or sand that is regularly washed by the tides. On
a case by case basis, the few restrictions could be removed after
the plovers had finished breeding or left wintering grounds.
(2) actions that would promote unnatural rates or sources of
predation. For example, producing human-generated litter that
attracts predators, or designing exclosures that promote perching by
avian predators may adversely modify critical habitat by reducing
its functional suitability to support nesting snowy plovers.
(3) actions that would promote the invasion of non-native
vegetation.
(4) activities associated with maintenance and operation of salt
ponds. Activities that may adversely modify or destroy critical
habitat when conducted during the snowy plover nesting season
include flooding inactive salt ponds; raising the water level in
active salt ponds; grading, resurfacing, riprapping, or placing
dredged spoils on levees; and driving maintenance vehicles on
levees. However, levee maintenance activities also may benefit snowy
plovers by providing vegetation-free habitat for nesting. The
Service would work with landowners to avoid harmful activities
during the breeding season.
(5) dredge spoil disposal activities that may adversely modify
critical habitat when conducted during the nesting season include
deposition of spoil material, laying of pipes to transport the
material, and use of machinery to spread the material. However,
dredge spoil disposal sites also may benefit snowy plovers by
providing nesting habitat free of European beachgrass. The Service
would work with landowners to avoid harmful activities during the
breeding season.
(6) shoreline erosion control projects and activities that may
alter the topography of the beach. Activities that may adversely
modify or destroy nesting, foraging, and roosting habitat include
beach nourishment (sand deposition, spreading of sand with
machinery); construction of breakwaters and jetties (interruption of
sand deposition); dune stabilization using native and non-native
vegetation or fencing (decreased beach width, increased beach slope,
reduction in blowouts and other preferred nesting habitat); beach
leveling (increased tidal reach, removal of sparse vegetation used
by chicks for shelter, destruction of rackline feeding habitat).
Beach nourishment projects, however, also may have the potential to
benefit nesting or wintering plover habitat on some sites
experiencing serious erosion. The Service would work with landowners
to avoid harmful activities when the birds are present.
(7) contamination events. Contamination through oil spills or
chemical releases may adversely modify critical habitat by
contaminating snowy plovers and/or their food sources.
Federal agencies that may be required to consult with the Service
on one or more of these activities include the Forest Service, Bureau
of Land Management, Federal Aviation Administration, and the
Departments of the Army (including the Corps of Engineers), Navy, and
Air Force.
In addition several other species that are listed under the Act
occur in the same general areas as western snowy plovers. These species
share the coastal beach/dune/estuarine ecosystem with snowy plovers.
All of these species occurred historically in association with western
snowy plovers in this Pacific coast ecosystem, and thus, the habitat
requirements of these species do not significantly conflict with those
of the snowy plover. Therefore, any plans prepared for sites designated
as critical habitat for the snowy plover should be considered ecosystem
management plans that accommodate needs of other listed or proposed
species that also occur on the site. In doing so, these proposed snowy
plover critical habitat areas more aptly represent critical habitat for
a multitude of species inhabiting the coastal beach/dune/estuarine
ecosystem. Federal agencies proposing management actions for other
listed species may affect critical habitat for the western snowy plover
and be required to initiate formal consultation under section 7 of the
Act. Conversely, proposed management actions for the benefit of the
plover or its habitat may affect other listed species. The Service will
work with other Federal agencies to develop ecosystem plans that
provide for the needs of all listed species.
When the Service issues an opinion concluding that a project is
likely to result in the destruction or adverse modification of critical
habitat, the Service also provides reasonable and prudent alternatives
to the project, if any are identifiable. Reasonable and prudent
alternatives are defined at 50 CFR 402.02 as alternative actions
identified during formal consultation that can be implemented in a
manner consistent with the intended purpose of the action, that are
consistent with the scope of the Federal agency's legal authority and
jurisdiction, that are economically and technologically feasible, and
that the Director believes would avoid resulting in the destruction or
adverse modification of critical habitat. Reasonable and prudent
alternatives can vary from slight project modifications to extensive
redesign or relocation of the project. Costs associated with
implementing a reasonable and prudent alternative are similarly
variable.
Consideration of Economic and Other Factors
Section 4(b)(2) of the Act requires the Service to consider
economic and other impacts of designating any particular area as
critical habitat. For example, beneficial impacts of critical habitat
designation may include (1) a clear notification to Federal agencies
and the public of the existence and importance of critical habitat, (2)
voluntary increased protection of snowy plovers on some private lands,
(3) stimulation of additional attention to the requirements of section
9 of the Act by private, municipal, county, and state landowners, (4)
additional protection for other listed and non-listed species that
occur in areas designated as critical habitat for the snowy plover, and
(5) preservation of the beach-dune-estuarine ecosystem. Section 4(b)(2)
authorizes the Service to exclude any area from critical habitat
designation if the Service determines the benefits of excluding the
area outweigh the benefits of including it, except that the Service
[[Page 11774]] may not exclude an area if the Service determines that
doing so would result in extinction of the species. Pursuant to 50 CFR
424.19, the Service will consider the economic and other relevant
impacts of designating of critical habitat for the coastal population
of the western snowy plover.
Economic Analysis
The economic analysis is designed to provide information to assist
in making determinations about areas which may be excluded from
critical habitat. It is conducted by examining how a designation of
critical habitat for the snowy plover would be expected to affect the
use of Federal lands as well as non-Federal activities authorized or
funded by Federal agencies. Activities on private or state-owned lands
that do not involve Federal permits, funding or other Federal actions
would not be restricted by a designation of critical habitat.
The economic analysis distinguishes between economic effects caused
by the listing of the snowy plover as threatened and those that would
be caused by the proposed designation of critical habitat. Furthermore,
if a proposed action would otherwise have been limited or prohibited by
another statute or regulation, such as the Clean Water Act, those
economic effects would not be attributable to either listing or
critical habitat designation under the Endangered Species Act.
Economic effects are the costs or benefits to society of precluding
or limiting specific land uses in areas being considered for
designation as critical habitat. Economic effects are categorized as
either efficiency or distributional. Economic efficiency effects are
those consequences of critical habitat designation that cause changes
in national income. Economic distribution effects pertain to regional
changes that may have offsetting effects elsewhere in the national
economy. Efficiency effects are used primarily to determine whether an
action is economically sound and whether expected benefits exceed
costs. Distributional effects are used to evaluate regional and local
economic impacts.
Consultation Under Section 7 of the Endangered Species Act
Section 7 of the Act (16 USC 1536), requires Federal agencies to
insure that activities they fund, authorize, or carry out are not
likely to jeopardize the continued existence of listed species or
result in destruction or adverse modification of critical habitat.
Jeopardy is defined at 50 CFR 402.02 as any action reasonably expected
to reduce appreciably the likelihood of both the survival and recovery
of the species in the wild by reducing its reproduction, numbers, or
distribution. Destruction or adverse modification of critical habitat
is defined at 50 CFR 402.02 as any direct or indirect alteration that
appreciably diminishes the value of critical habitat for both the
survival and recovery of the species.
Under section 7, a Federal agency must consult with the Service if
it determines that an action may affect a listed species or its
critical habitat. During consultation, the Service reviews the agency's
proposed action and prepares a biological opinion as to whether that
action is likely to jeopardize the continued existence of the species
or destroy or adversely modify its critical habitat.
In cases where species are listed without critical habitat, the
Service determines only whether the proposed action is likely to
jeopardize the continued existence of the species. In cases where
critical habitat has been designated, the Service also determines
whether the proposed action is likely to destroy or adversely modify
critical habitat. The additional requirement for Federal agencies to
avoid destruction and adverse modification of critical habitat may
result in incremental restrictions on agency actions beyond those
required to avoid jeopardy or for other statutory or regulatory
purposes.
The incremental restrictions arising from section 7 consultations
on destruction or adverse modification are the only way that
designating critical habitat produces an economic impact. To isolate
that incremental impact, total economic effects of limitations on a
proposed action within critical habitat must be apportioned between a
species listing (jeopardy, take prohibitions, etc.) and critical
habitat designation (destruction or adverse modifications).
If the action is found to jeopardize the continued existence of the
species or destroy or adversely modify its critical habitat, the
Service is required to provide, to the extent possible, reasonable and
prudent alternatives to the proposed action. By definition, reasonable
and prudent alternatives allow the proposed action to go forward while
removing the conditions that jeopardize the species or destroy or
adversely modify its critical habitat. For the snowy plover, the
Service believes that reasonable and prudent alternatives developed as
part of consultation will allow most activities to continue, subject to
some limitations. Such alternatives might include fencing or seasonal
closure of certain areas to human uses, as well as changes in beach
erosion control or dredging plans.
Determination of whether an action will result in jeopardy and/or
adverse modification is dependent upon a number of factors, such as the
type of project, its size, location, and duration. In many cases,
sufficient management actions will permit agencies to avoid adverse
modification with little or no effect on their activities. The Service
believes that, in the case of the snowy plover, the large majority of
economic impacts as a result of section 7 consultation will occur as a
result of listing, through the application of the jeopardy standard and
incidental take prohibitions.
Framework of Analysis
The economic analysis examines the costs and benefits of precluding
or limiting specific land uses within areas designated as critical
habitat. It is cast in a ``with'' critical habitat versus a ``without''
critical habitat framework and seeks to measure the net change in the
various categories of benefits and costs when the critical habitat
designation is imposed on the existing baseline.
National and Regional Effects
The economic effects of critical habitat designation consist of
those affecting national income and those that are important on a local
or regional level.
National economic (efficiency) costs represent changes in national
income (the total value of goods and services). They are measured as
changes in consumer surplus and producer surplus (economic rent).
Economic efficiency analysis seeks to maximize national income from a
given resource base. Gains and losses in recreation values, increased
costs imposed on management agencies or development projects, loss of
earnings by displaced labor or capital assets, and changes in revenue
from user fees (beach user fees, etc.) are typical national economic
costs of critical habitat designation. The economic cost of designating
critical habitat includes any additional costs that would be imposed,
regardless of whether they are incurred by a Federal agency, a state
agency or the private sector so long as they stem from a section 7
consultation regarding destruction or adverse modification of the
habitat proposed to be designated.
Regional economic (distributional) impacts represent transfers
between people, groups, or geographic regions, with no net effect on
the national total. Distributional impacts relate to equity and
fairness considerations and deal [[Page 11775]] primarily with how
income and wealth are divided among regions and groups. Changes in
employment, household income and local or state tax revenues are
frequently used to portray regional effects.
A Net-Cost With and With-out Approach
Designation of critical habitat will often result in both economic
gains and losses. Careful application of a with and without analytical
framework will help to distinguish between the two. For example, with
critical habitat recreation such as bird watching may be preserved that
otherwise would have been lost because of a development project or
continued habitat loss. The national economic value of the preserved
recreation and the regional jobs and household income it produces are
gains, or benefits, of designation. Without critical habitat, an area
may have been used for developed recreational purposes, but critical
habitat designation would prohibit those uses. The values and jobs
associated with that now precluded use become a loss (benefit foregone)
due to critical habitat designation. It is the net effect of these
changes in both the national and regional accounts that is important.
Describing what probably would have happened to an area of potential
critical habitat in both the with and without scenarios, both currently
and in the future, is an important part of the analysis. The
availability of data limits quantification of the net effects in many
instances.
Baseline for Analysis
As noted earlier, the economic effects of critical habitat
designation are incremental to those already created by the Clean Water
Act and other statutes, and by listing the snowy plover as threatened.
Actions taken for those other purposes establish the baseline for this
analysis. It is the marginal increase in species protection provided by
designation of critical habitat and the marginal change in costs,
regional impacts, and benefits that the designation produces that are
relevant to this analysis.
Data Requirements
The Service has notified Federal agencies having jurisdiction over
the areas being proposed as critical and asked them to estimate the
effect of designation on their activities. Each agency was sent
detailed maps and legal descriptions of the proposed areas and asked to
identify areas for which they were responsible. They were then asked to
provide detailed descriptions of activities on those areas that may be
affected by critical habitat designation, in three situations:
Without Listing: Activities that would have been taking place in
the proposed area if there had been no listing of the snowy plover as
threatened.
With Listing: Activities that would be taking place once any
existing or anticipated restrictions to avoid jeopardy decisions in
section 7 consultations were put in place. This level of activity
becomes the baseline for evaluation of the incremental effect of
critical habitat designation.
With Critical Habitat: Activities expected to take place once any
anticipated restrictions to avoid adverse modification decisions in
section 7 consultations were put in place. The difference between this
level and the With-Listing level is the impact attributable to
designating critical habitat.
Land management agencies were asked to quantify their responses as
much as possible in terms of days of beach use, cattle grazing, etc.,
and to estimate any change in their operational costs as a result of
listing and of designating critical habitat. Other Federal agencies
that may be affected by critical habitat through their regulatory or
funding roles were also sent maps and legal descriptions of the
proposed critical habitat and were asked if any of the areas were
involved in pending or anticipated permit or funding actions. Responses
to those requests will form the empirical basis of the economic
analysis. The Service is also seeking information about such possible
actions during the public comment period.
The Exclusion Process
This section summarizes the procedure that will be followed prior
to a final rule in determining whether or not to exclude an area (or
areas) from designation as critical habitat for the western snowy
plover. The criteria used to help reach a determination and the steps
followed are described below.
Section 3(5)(A) of the Endangered Species Act of 1973 (Act), as
amended, generally defines critical habitat as:
(i) The specific areas within the geographical area occupied by
the species, at the time it is listed * * * on which are found those
physical or biological features (I) essential to the conservation of
the species and (II) which may require special management
considerations or protection.
Section 3 further states that in most cases critical habitat will
not encompass the entire range of the species. The Act also directs the
Secretary to consider economic and other relevant impacts in the
designation of critical habitat. Section 4(b)(2) states:
The Secretary shall designate critical habitat, and make
revisions thereto * * * on the basis of the best scientific data
available and after taking into consideration the economic impact,
and any other relevant impact, of specifying any particular area as
critical habitat. The Secretary may exclude any area from critical
habitat if he determines that the benefits of such exclusion
outweigh the benefits of specifying such area as part of the
critical habitat, unless he determines, based on the best scientific
and commercial data available, that the failure to designate such
area as critical habitat will result in the extinction of the
species concerned.
Exclusion of an area as critical habitat would only eliminate the
protection provided by the destruction or adverse modification standard
of section 7; it would not alleviate the need to comply with other
requirements of the Act in that area, such as section 7 consultation on
jeopardy and section 9 prohibitions on take. These requirements would
apply regardless of whether or not critical habitat is designated for a
particular area.
The authority to make determinations under section 4(b)(2) of the
Act has been delegated to the Director of the Fish and Wildlife
Service. Implementation of section 4(b)(2) requires three
determinations: (1) The conservation benefits to the species of
including an area as critical habitat, (2) the economic and other costs
of including an area, and (3) the cumulative effects of exclusions on
the probability of species extinction. If the exclusion of an area or
areas from critical habitat would result in species extinction, then
exclusion of the critical habitat area(s) would not be authorized under
the Act.
The process used to evaluate critical habitat areas to determine
whether the benefits of exclusion outweigh the benefits of inclusion as
critical habitat can be summarized in several sequential steps:
Step 1 Identify areas that meet the definition of critical habitat in
section 3(5) of the Act.
Step 2 Conduct an economic analysis to determine the anticipated
economic consequences of designating areas as critical habitat.
Step 3 Identify the applicable economic, biological, and other
information that need to be considered to determine whether to retain,
exclude, or modify areas as critical habitat.
For the western snowy plover, the Service is proposing specific
critical habitat areas that the Service believes are essential to the
plovers' conservation. The biological value and [[Page 11776]] roles of
each area in providing conservation benefits to the snowy plover have
been identified in preparing the proposal. An economic analysis will be
completed which estimates the potential economic effects of proposing
critical habitat. The steps followed by the Service in designating
critical habitat and in assessing the potential economic effects
associated with a designation of the proposed areas will be fully
described in the final rule and in the economic analysis report.
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible in the
conservation of endangered or threatened species and the protection of
critical habitat. Therefore, comments or suggestions from the public,
other concerned governmental agencies, the scientific community,
industry, or any other interested party concerning this proposed rule
are hereby solicited. Comments particularly are sought concerning:
(1) Reasons why any habitat (either existing or additional areas)
should or should not be determined to be critical habitat as provided
by section 4 of the Act;
(2) Current or planned activities and their possible impacts on
proposed critical habitat areas;
(3) Any foreseeable economic and other impacts resulting from the
proposed designation of critical habitat;
(4) Economic values associated with benefits of designating
critical habitat for the coastal population of the western snowy
plover; and
(5) Information the Service might use, under section 4(b)(2) of the
Act, in determining whether the benefits of excluding an area from
critical habitat outweigh the benefits of specifying the area as
critical habitat.
Any final decision on this proposal will take into consideration
the comments and any additional information received by the Service
during the 60-day comment period following publication of this proposed
rule. The final decision on designation of critical habitat also will
include any exclusion determinations.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days of the
date of publication of this proposal in the Federal Register. Such
requests must be made in writing and should be sent to the Field
Supervisor, Sacramento Field Office (see ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment and/or an Environmental Impact Statement, as defined under
the authority of the National Environmental Policy Act of 1969, need
not be prepared in connection with regulations adopted pursuant to
section 4(a) of the Endangered Species Act of 1973, as amended. A
notice outlining the Service's reasons for this determination was
published in the Federal Register on October 25, 1983 (48 FR 49244).
Executive Order 12866 and Regulatory Flexibility Act
This rule was reviewed by the Office of Management and Budget under
Executive Order 12866. Based on the information discussed in this rule
concerning public projects and private activities within critical
habitat areas, there are no significant economic impacts resulting from
the critical habitat designation. There are a limited number of actions
on private land that have Federal involvement through funds or permits
that may be affected by critical habitat designation. Also, no direct
costs, enforcement costs, information collection, or recordkeeping
requirements are imposed on small entities by this designation.
Further, the rule contains no recordkeeping requirements as defined by
the Paperwork Reduction Act of 1990. This rule does not require a
Federalism assessment under Executive Order 12612 because it would not
have any significant federalism effects as described in the order.
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Wilson, R.A. 1980. Snowy plover nesting ecology on the Oregon coast.
M.S. Thesis, Oregon State Univ., Corvallis, Oregon. 41 pp.
Wilson-Jacobs, R. and G.L. Dorsey. 1985. Snowy plover use of Coos
Bay north spit, Oregon. Murrelet 66(3):75-81.
Wilson-Jacobs, R. and E.C. Meslow. 1984. Distribution, abundance,
and nesting characteristics of snowy plovers on the Oregon coast.
Northwest Science 58(1):40-48.
Woolington, M.C. 1985. A preliminary investigation of the effect of
recreational use on nesting snowy plovers at Sutton and Siltcoos
beach areas, Oregon. Oregon Department of Fish and Wildlife Nongame
Program. 37 pp.
Author: The primary author of this proposed rule is Karen J.
Miller, U.S. Fish and Wildlife Service, Sacramento Field Office,
2800 Cottage Way, Room E-1803, Sacramento, California 95825-1846
(916/979-2725).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, it is hereby proposed to amend part 17, subchapter B
of chapter I, title 50 of the Code of Federal Regulations, as set forth
below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 USC 1361-1407; 16 USC 1531-1544; 16 USC 4201-4245;
Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
Sec. 17.11 [Amended]
2. It is proposed to amend Sec. 17.11(h) by revising the ``critical
habitat'' entry for ``Plover, western snowy'', under BIRDS, to read
17.95(b).
3. It is proposed to amend Sec. 17.95(b) by adding, in the same
alphabetical order as the species occurs in Sec. 17.11(h), critical
habitat of the Pacific coast population of the western snowy plover
(Charadrius alexandrinus nivosus) to read as follows.
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(b) * * *
* * * * *
Western Snowy Plover (Charadrius alexandrinus nivosus)
[GRAPHIC][TIFF OMITTED]TP02MR95.000
Washington. Areas of land and water as follows:
WA-1. Damon Point, Grays Harbor County (Index Map 1)
Beginning at 46 deg.55'55'' N, 124 deg.09'07'' W, thence
northwesterly following the property line of the Oyhut Wildlife
Recreation Area to 46 deg.55'58'' N, 124 deg.09'14'' W, thence
northwesterly to 46 deg.56'12'' N, 124 deg.09'16'' W, thence
northeasterly to 46 deg.56'27'' N, 124 deg.09'11'' W, thence
northeasterly to 46 deg.56'52'' N, 124 deg.08'02'' W, thence east to
MLW, thence southeasterly, southerly, and southwesterly following
MLW around Damon Point to a point directly east of the point of
beginning, thence west to the point of beginning. (Point Brown and
Westport USGS 7.5'' Quads 1983)
[[Page 11778]]
[GRAPHIC][TIFF OMITTED]TP02MR95.001
WA-2. Leadbetter Point, Pacific County (Index Map 1)
Beginning at 46 deg.36'22'' N, 124 deg.03'51'' W, thence
northeasterly to 46 deg.37'38'' N, 124 deg.03'55'' W, thence
northeasterly to 46 deg.38'30'' N, 124 deg.03'01'' W, thence
southeasterly to 46 deg.37'58'' N, 124 deg.02'05'' W, thence
southwesterly to 46 deg.37'48'' N, 124 deg.02'20'' W, thence south
to MLW, thence northeasterly around the north end of Leadbetter
Point, thence southerly following MLW to a point directly west of
the point of beginning, thence east to the point of beginning.
Excludes all U.S. Fish and Wildlife Service property. (North Cove
and Oysterville USGS 7.5'' Quads 1984)
[GRAPHIC][TIFF OMITTED]TP02MR95.002
Oregon. Areas of land and water as follows:
OR-1. Bayocean Spit, Tillamook County (Index Map 1)
Beginning at 45 deg.33'57''N, 123 deg.56'50''W, thence north to
MLW, thence southeasterly following MLW to 45 deg.33'42''N,
123 deg.56'21''W, thence southerly to 45 deg.33'28''N,
123 deg.56'18''W, thence southwesterly to 45 deg.33'12''N,
123 deg.56'45''W, thence southerly following the easterly edge of
the sand depicted on the topographic map as a dashed line to
45 deg.32'28''N, 123 deg.56'54''W, thence southerly to
45 deg.32'23''N, 123 deg.56'56''W, thence southerly following the
easterly edge of the sand depicted on the topographic map as a
dashed line to 45 deg.30'21''N, 123 deg.57'21''W, thence west to
MLW, thence northerly following MLW to the toe of the South Jetty,
thence directly west to the point of beginning. (Garibaldi USGS
7.5'' Quad 1985)
[[Page 11779]]
[GRAPHIC][TIFF OMITTED]TP02MR95.003
OR-2. Heceta Head to Siuslaw River, Lane County (Index Map 1)
Beginning at 44 deg.06'15''N, 124 deg.07'20''W, thence southerly
to 44 deg.05'51''N, 124 deg.07'18''W, thence southerly to
44 deg.05'15''N, 124 deg.07'26''W, thence southerly to
44 deg.04'10''N, 124 deg.07'35''W, thence southeasterly to
44 deg.04'03''N, 124 deg.07'23''W, thence southerly following the
east edge of the sand depicted on the topographic map as a dashed
line to 44 deg.02'50''N, 124 deg.07'53''W, thence westerly to
44 deg.02'50''N, 124 deg.07'57''W, thence southerly to
44 deg.01'08''N, 124 deg.08'19''W, thence westerly following the
northerly toe of the North Jetty to MLW, thence northerly following
MLW to a point directly west of the point of beginning, thence east
to the point of beginning. (Mercer Lake USGS 7.5'' Quad 1984)
[[Page 11780]]
[GRAPHIC][TIFF OMITTED]TP02MR95.004
OR-3. Siuslaw River to Siltcoos River, Lane County (Index Map 1)
Beginning at 44 deg.00'59''N, 124 deg.08'15''W, thence easterly
following the toe of the South Jetty to 44 deg.00'54''N,
124 deg.08'01''W, thence southwesterly to 44 deg.00'49''N,
124 deg.08'06''W, thence southerly to 44 deg.00'00''N,
124 deg.08'06''W, thence southerly following 25 ft. east of road to
43 deg.57'23''N, 124 deg.08'27''W, thence southerly to
43 deg.52'55''N, 124 deg.09 deg.10''W, thence southeasterly to
43 deg.52'46''N, 124 deg.08'58''W, thence southerly to
43 deg.52'38''N, 124 deg.08'58''W, thence west to MLW, thence
southerly and westerly following MLW around the southern end of the
spit, thence northerly following MLW to a point directly west of the
point of beginning, thence east to the point of beginning. (Mercer
Lake, Goose Pasture, and Tahkenitch Creek USGS 7.5'' Quads 1984)
[[Page 11781]]
[GRAPHIC][TIFF OMITTED]TP02MR95.005
OR-4. Siltcoos River to Threemile Creek, Lane and Douglas County (Index
Map 1)
Beginning at 43 deg.52'29''N, 124 deg.08'55''W, thence
southwesterly to 43 deg.52'13''N, 124 deg.09'11''W, thence westerly
to 43 deg.52'12''N, 124 deg.09'18''W, thence southerly to
43 deg.49'02''N, 124 deg.09'52''W, thence east to 43 deg.49'02''N,
124 deg.09'43''W, thence southerly to 43 deg.47'08''N,
124 deg.10'04''W, thence southwesterly to 43 deg.47'00''N,
124 deg.10'16N'W, thence southerly to 43 deg.45'00''N,
124 deg.10'42''W, thence west to MLW, thence northerly following MLW
to a point directly north of the point of beginning, thence south to
the point of beginning. (Goose Pasture and Tahkenitch Creek USGS
7.5'' Quad 1984)
[[Page 11782]]
[GRAPHIC][TIFF OMITTED]TP02MR95.006
OR-5. Umpqua River to Horsfall Beach, Douglas and Coos County (Index
Map 1)
Beginning at 43 deg.39#51## N, 124 deg.12#25## W, thence
southerly to 43 deg.39#36## N, 124 deg.12#25## W, thence southerly
to 43 deg.38#40## N, 124 deg.12#29## W, thence southerly following
25 ft. east of road to 43 deg.37#30## N, 124 deg.12#46## W, thence
southwesterly to 43 deg.34#39## N, 124 deg.13#34## W, thence
southwesterly to 43 deg.34#00## N, 124 deg.13#46## W, thence
easterly to 43 deg.33#58## N, 124 deg.13#26## W, thence
southwesterly to 43 deg.33#29## N, 124 deg.13#37## W, thence
westerly to 43 deg. 33#26## N, 124 deg.13#53## W, thence
southwesterly following 20 ft. contour to 43 deg.30#00## N,
124 deg.15#16## W, thence southwesterly to 43 deg.27#08## N,
124 deg.16#36## W, thence west to MLW, thence northeasterly
following MLW to the southern toe of South Jetty, thence northeast
to the point of beginning. (Winchester Bay and Lakeside USGS 7.5##
Quads 1985, and Empire USGS 7.5'' Quad 1970)
[[Page 11783]]
[GRAPHIC][TIFF OMITTED]TP02MR95.007
OR-6. Horsfall Beach to Coos Bay, Coos County (Index Map 1)
Unit 1
Beginning at 43 deg.27#08## N, 124 deg.16#36## W, thence
southwesterly following 20 ft. contour to 43 deg.25#34## N,
124 deg.17#27## W, thence southwesterly following 20 ft. contour to
43 deg.22#23## N, 124 deg.19#25## W, thence east to MLW, thence
southerly and westerly following MLW around the southern tip of the
north spit, thence northeasterly following MLW to a point directly
west of the point of beginning, thence east to the point of
beginning. (Empire and Charleston USGS 7.5'' Quads 1970)
Unit 2
Beginning at 43 deg.25#02## N, 124 deg.16#12## W, thence
southeasterly to 43 deg.24#51## N, 124 deg.16#18## W, thence east to
MLW, thence southerly following MLW to a point directly east of
43 deg.24#44## N, 124 deg.16#18## W, thence west to said point,
thence westerly to 43 deg.24#44## N, 124 deg.17#01## W, thence
northeasterly to 43 deg.24# 57## N, 124 deg.17#00## W, thence
northwesterly to 43 deg.24#54## N, 124 deg.17#04## W, thence
northeasterly to the point of beginning. (Empire USGS 7.5'' Quad
1970)
Unit 3
Beginning at 43 deg.21#05## N, 124 deg.20#26## W, thence
southwesterly to 43 deg.20#39## N, 124 deg.20#54## W, thence
southwesterly to 43 deg.21#21## N, 124 deg.21#21## W, thence north
to MLW, thence northeasterly following MLW to the southern toe of
the South Jetty, thence easterly following the toe of the South
Jetty to the point of beginning. (Charleston USGS 7.5'' Quad 1970)
[[Page 11784]]
[GRAPHIC][TIFF OMITTED]TP02MR95.008
OR-7. Bandon Park to Floras Lake, Coos and Curry Counties (Index Map 1)
Beginning at 43 deg.04'14''N, 124 deg.26'01''W, thence southerly
to 43 deg.03'22''N, 124 deg.26'10''W, thence southerly to
43 deg.02'42''N, 124 deg.26'16''W, thence southerly to
43 deg.01'42''N, 124 deg.26'26''W, thence southwesterly to
43 deg.00'56''N, 124 deg.26'58''W, thence southwesterly to
43 deg.00'00''N, 124 deg.27'17''W, thence southerly to
42 deg.59'27''N, 124 deg.27'25''W, thence southwesterly to
42 deg.57'16''N, 124 deg.28'24''W, thence southwesterly to
42 deg.55'52''N, 124 deg.29'09''W, thence southwesterly to
42 deg.54'48''N, 124 deg.30'00''W, thence southwesterly to
42 deg.54'10''N, 124 deg.30'22''W, thence southwesterly to
42 deg.53'42''N, 124 deg.30'49''W, thence west to MLW, thence
northeasterly following MLW to a point directly west of the point of
beginning, thence east to the point of beginning. (Floras Lake and
Langlois USGS 7.5'' Quads 1986, and Bandon USGS 7.5'' Quad 1970)
[[Page 11785]]
[GRAPHIC][TIFF OMITTED]TP02MR95.009
[[Page 11786]]
[GRAPHIC][TIFF OMITTED]TP02MR95.010
California. Areas of land and water as follows:
CA-1. Humboldt Coast Lagoon Beaches, Humboldt County (Index Map 2)
Unit 1--Stone Lagoon
Beginning at 41 deg.15'33''N, 124 deg.05'54''W, thence south and
east following the west side of the access road to Dry Lagoon State
Park to 41 deg.15'29''N, 124 deg.05'49''W, thence southwesterly
following the high water line of Stone Lagoon to 41 deg.14'42''N,
124 deg.06'08''W, thence southwesterly to 41 deg.14'40''N,
124 deg.06'10''W, thence southwesterly following the 40-foot contour
line to 41 deg.14'14''N, 124 deg.06'21''W, thence west to MLW,
thence northeasterly following MLW to a point directly west of the
point of beginning, thence east to the point of beginning. (Orick
and Rodgers Peak USGS 7.5'' Quads 1966)
[GRAPHIC][TIFF OMITTED]TP02MR95.011
Unit 2--Big Lagoon
Beginning at 41 deg.13'00''N, 124 deg.06'39''W, thence southerly
following the 40-foot contour line to 41 deg.12'47''N,
124 deg.06'40''W, thence southerly following the Big Lagoon State
Park property line to 41 deg.12'39''N, 124 deg.06'40'''W, thence
northwesterly and southwesterly following the high water line of Big
Lagoon to 41 deg.09'54''N, 124 deg.07'49''W, thence southwesterly
following the Big Lagoon State Park property line to
41 deg.09'49''N, 124 deg.08'00''W, thence west to MLW, thence
northeasterly following MLW to a point directly west of the point of
beginning, thence east to the point of beginning. (Rodgers Peak USGS
7.5'' Quad 1966 and Trinidad USGS 7.5'' Quad 1978)
[[Page 11787]]
[GRAPHIC][TIFF OMITTED]TP02MR95.012
CA-2. Eel River Beaches, Humboldt County (Index Map 2)
Unit 1--Eel River North
Beginning at 40 deg.41'51''N, 124 deg.16'27''W, thence
southwesterly to 40 deg.40'11''N, 124 deg.17'30''W, thence south to
MLW, thence southerly following MLW around the south end of the
split, thence north following MLW to a point directly west of the
point of beginning, thence east to the point of beginning. (Cannibal
Island USGS 7.5'' Quad 1972)
[GRAPHIC][TIFF OMITTED]TP02MR95.013
[[Page 11788]]
Unit 2--Eel River South
Beginning at 40 deg.34'29''N, 124 deg.21'01''W, thence west to
MLW, thence northeasterly following MLW to a point directly west of
40 deg.38'28''N, 124 deg.18'42''W, thence east to said point, thence
east to MHW of the left bank of the Eel and Salt Rivers, thence
southwesterly following MHW of the left bank of the Salt River to
40 deg.37'54''N, 124 deg.18'52''W, thence southerly to
40 deg.37'38''N, 124 deg.18'53''W, thence southwesterly to
40 deg.37'14''N, 124 deg.19'25''W, thence southwesterly to
40 deg.36'44''N, 124 deg.19'36''W, thence southwesterly to
40 deg.34'29''N, 124 deg.20'56''W, thence westerly to the point of
beginning. (Cannibal Island and Ferndale USGS 7.5'' Quads 1972)
[GRAPHIC][TIFF OMITTED]TP02MR95.014
CA-3. Bodega Bay, Sonoma County (Index Map 2)
Unit 1--Bodega Harbor
Beginning at 38 deg.18'51''N, 123 deg.03'02''W, at MHW on Doran
Spit, thence north to 38 deg.19'30''N, 123 deg.03'02''W, thence east
to 38 deg.19'30''N, 123 deg.02'38''W, thence southeasterly to
38 deg.19'22''N, 123 deg.02'26''W, thence southerly to
38 deg.19'13''N, 123 deg.02'20''W, on the MHW line of Bodega Harbor,
thence southerly and westerly following MHW to the point of
beginning. (Bodega Head USGS 7.5'' Quad 1972)
Unit 2--Doran Beach
Beginning at 38 deg.18'22'' N, 123 deg.03'09''W, at the west end
of the North Jetty, thence east to MLW, thence northerly and
easterly following MLW to a point directly south of 38 deg.18'44''N,
123 deg.01'36''W, thence north to said point, thence northwesterly
to 38 deg.18'52''N, 123 deg.02'07''W, thence westerly to
38 deg.18'51''N, 123 deg.02'34''W, thence southwesterly to
38 deg.18'42''N, 123 deg.03'01''W, thence southwesterly to
38 deg.18'34''N, 123 deg.03'08''W, thence southerly to the point of
beginning. (Bodega Head USGS 7.5'' Quad 1972)
[GRAPHIC][TIFF OMITTED]TP02MR95.015
[[Page 11789]]
CA-4. Dillon Beach, Marin County (Index Map 2)
Beginning at 38 deg.14'57''N, 122 deg.57'58''W, thence southerly
to 38 deg.14'31''N, 122 deg.58'01''W, thence southwesterly to
38 deg.13'57''N, 122 deg.58'15''W, thence southeasterly to
38 deg.13'21''N, 122 deg.58'12''W, thence south to MLW, thence
northwesterly and northerly to a point directly west of the point of
beginning, thence east to the point of beginning. (Tomales USGS
7.5'' Quad 1971)
[GRAPHIC][TIFF OMITTED]TP02MR95.016
[GRAPHIC][TIFF OMITTED]TP02MR95.017
CA-5. Half Moon Bay Beaches, San Mateo County (Index Map 3)
Beginning at 37 deg.28'57''N, 122 deg.27'06''W, thence
southeasterly to 37 deg.28'26''N, 122 deg.26'45''W, thence
southwesterly to 37 deg.28'24''N, 122 deg.26'47''W, thence southerly
following the 20-foot contour line to 37 deg.27'49''N,
122 deg.26'40''W, thence west to MLW, thence northwesterly following
MLW to a point directly west of the point of beginning, thence east
to the point of beginning. (Half Moon Bay USGS 7.5'' Quad 1973)
[[Page 11790]]
[GRAPHIC][TIFF OMITTED]TP02MR95.018
CA-6. Santa Cruz Coast Beaches, Santa Cruz County (Index Map 3)
Unit 1--Waddell Creek Beach
Beginning at 37 deg.05'35''N, 122 deg.16'32''W, thence west to
MLW, thence northwesterly following MLW to a point west of
37 deg.05'52''N, 122 deg.16'32''W, thence east to said point, thence
southeasterly to MHW line of Waddell Creek 37 deg.05'41''N,
122 deg.16'34''W, thence south to point of beginning. (Ano Nuevo
USGS 7.5'' Quad 1968)
[GRAPHIC][TIFF OMITTED]TP02MR95.019
Unit 2--Scott Creek Beach
Beginning at 37 deg.02'33''N, 122 deg.13'53''W, located at
northwest end of beach, thence southeasterly to 37 deg.02'22''N,
122 deg.13'36''W, located west of Highway 1 and excluding the
existing Highway 1 ROW, thence south to 37 deg.01'58''N,
122 deg.13'34''W, located at south end of beach on 60 foot contour
line, thence west to MLW, thence northwesterly following MLW to a
point directly west of point of beginning, thence east to point of
beginning. (Davenport USGS 7.5'' Quad 1968)
[[Page 11791]]
[GRAPHIC][TIFF OMITTED]TP02MR95.020
Unit 3--Laguna Creek Beach
Beginning at 36 deg.59'04''N, 122 deg.09'26''W, located at
northwest end of beach on 20 foot contour line, thence east
following 20 foot contour line to 36 deg.59'03''N, 122 deg.09'14''W,
located at Laguna Creek at a point 800 feet south of Highway 1,
thence south to MLW, thence northwesterly following MLW to a point
directly south of point of beginning, thence north to point of
beginning. (Santa Cruz USGS 7.5'' Quad 1981)
[GRAPHIC][TIFF OMITTED]TP02MR95.021
Unit 4--Wilder Creek Beach
Beginning at 36 deg.57'17''N, 122 deg.04'43''W, located at
northwest end of upper beach on 40 foot contour line, thence
southwesterly to 36 deg.57'16''N, 122 deg.04'29''W, located at
northeast end of upper beach east of 40 foot contour line, thence
south to MLW, thence northwesterly following MLW to 40 foot contour
line at west end of beach, thence north following 40 foot contour
line to point of beginning. (Santa Cruz USGS 7.5'' Quad 1981)
[[Page 11792]]
[GRAPHIC][TIFF OMITTED]TP02MR95.022
CA-7. Monterey Bay Beaches, Santa Cruz and Monterey Counties (Index Map
3)
Unit 1--Sunset Beach
Beginning at 36 deg.54'38''N, 121 deg.50'50''W, located west of
Zils Road, thence southeasterly to 36 deg.51'25''N,
121 deg.48'13''W, thence east along north bank of Pajaro River to
36 deg.51'27''N, 121 deg.48'30''W, located south of mouth of Watson
Slough, thence south to MLW, thence southerly following MLW around
south end of beach, thence northwesterly following MLW to a point
west of point of beginning, thence east to point of beginning.
(Watsonville West and Moss Landing USGS 7.5'' Quad 1980)
[GRAPHIC][TIFF OMITTED]TP02MR95.023
Unit 2--Mudowski Beach
Beginning at 36 deg.49''25'' N, 121 deg.48'21'' W, thence
southerly to 36 deg.50'58'' N, 121 deg.48'15'' W, located north of
the 10 foot contour line and west of Jensen Road, thence
southwesterly to 36 deg.51'11'' N, 121 deg.48'20'' W, thence
southeasterly to 36 deg.50'43'' N, 121 deg.47'15'' W, located east
of seawall, thence south to MLW, thence southwesterly following MLW
around south end of beach, thence northwesterly following MLW to
north end of beach, thence northeasterly following MLW around north
end of beach to a point north of point of beginning, thence south to
point of beginning. (Moss Landing USGS 7.5'' Quad 1980)
Unit 3--Elkhorn Slough Mud Flat/Salt Pond
Beginning at north bank of Elkhorn Slough 36 deg.48'49'' N,
121 deg.46'12'' W, thence west following south perimeter of mud flat
and salt pond to 36 deg.48'50'' N, 121 deg.47'02'' W, which excludes
the existing Highway 1 ROW, thence north following west perimeter of
the salt pond, thence east following northern perimeter of salt pond
to west perimeter of mud flat, thence north following west perimeter
of mud flat to 36 deg.49'14'' N, 121 deg.46'55'' W, located on south
shore of Bennett Slough, thence northeasterly following south bank
of Bennett Slough to 36 deg.49'24'' N, 121 deg.46'22'' W, located at
the northern most point of mud flat, thence southeasterly following
the east perimeter of the mud flat to 36 deg.49'12'' N,
121 deg.46'12'' W, thence easterly following the perimeter of the
mud flat to 36 deg.49'59'' N, 121 deg.45'59'' W, thence south
following east perimeter of mud flat to 36 deg.49'04'' N,
121 deg.45'58'' W, thence [[Page 11793]] southwesterly along
northern shore of Elkhorn Slough to point of beginning. (Moss
Landing USGS 7.5'' Quad 1980)
[GRAPHIC][TIFF OMITTED]TP02MR95.024
Unit 4--Salinas River Beach
Beginning at 36 deg.48'01'' N, 121 deg.47'18'' W, located south
of boat launch, thence southerly to 36 deg.46'31'' N,
121 deg.47'40'' W, thence southerly to 36 deg.45'00'' N,
121 deg.48'04'' W, located on north bank of Salinas River, thence
southeasterly following north bank of Salinas River to
36 deg.44'16'' N, 121 deg.47'20'' W, thence southwesterly across
Salinas River to 36 deg.44'10'' N, 121 deg.47'28'' W, located on
south bank, thence northwesterly following south bank of Salinas
River to 36 deg.44'41'' N, 121 deg.48'02'' W, thence westerly to
36 deg.44'49'' N, 121 deg.48'12'' W, thence south to 36 deg.44'54''
N, 121 deg.48'12'' W, located at northern most point of a large
pond, thence southeasterly following north shore of pond to
36 deg.44'44'' N, 121 deg.47'53'' W, thence southwesterly to
36 deg.44'34'' N, 121 deg.48'13'' W, thence southerly to
36 deg.42'59'' N, 121 deg.48'17'' W, thence southerly to
36 deg.41'45'' N, 121 deg.48'49'' W, thence southerly to
36 deg.39'45'' N, 121 deg.49'17'' W, thence west to MLW, thence
northerly following MLW to a point west of point of beginning,
thence east to point of beginning. Excludes all U.S. Fish and
Wildlife Service property. (Moss Landing USGS 7.5'' Quad 1980 and
Marina USGS 7.5'' Quad 1983)
[[Page 11794]]
[GRAPHIC][TIFF OMITTED]TP02MR95.025
Unit 5--Fort Ord/Seaside Beaches
Beginning at 36 deg.39'44''N, 121 deg.49'17''W, located west of
beach parking lot, thence southerly following upper beach where it
meets toe of bluffs to 36 deg.38'33''N, 121 deg.49'54''W, thence
southerly following upper beach where it meets toe of bluffs to
36 deg.36'58''N, 121 deg.51'00''W, thence continue southwesterly
following upper portion of beach where it meets toe of bluffs and
sand dunes to 36 deg.36'06''N, 121 deg.52'15''W, thence west to
36 deg.36'06''N, 121 deg.52'30''W, thence north to MLW, thence
northeasterly following MLW to a point west of point of beginning,
thence east to point of beginning. (Marina USGS 7.5'' Quad 1983 and
Seaside USGS 7.5'' Quad 1968)
[[Page 11795]]
[GRAPHIC][TIFF OMITTED]TP02MR95.026
CA-8. Point Sur Beach, Monterey County (Index Map 3)
Beginning at 36 deg.19'11''N, 121 deg.53'39''W, located at north
end of beach, thence south to 36 deg.18'31''N, 121 deg.53'32''W,
located north of Lighthouse Road, thence southwesterly following a
line north of Lighthouse Road to 36 deg.18'37''N, 121 deg.53'46''W,
thence west to MLW, thence northeasterly following MLW to a point
west of point of beginning, thence east to point of beginning.
(Point Sur USGS 7.5'' Quad 1983)
[GRAPHIC][TIFF OMITTED]TP02MR95.027
CA-9. Arroyo Hondo Creek Beach, San Luis Obispo County (Index Map 3)
Beginning at 35 deg.45'23''N, 121 deg.19'02''W, thence southerly
following the 20-foot contour line to 35 deg.45'00''N,
121 deg.18'52''W, thence southeasterly to 35 deg.44'54''N,
121 deg.18'55''W, thence west to MLW, thence northerly following MLW
to a point directly west of the point of beginning, thence east to
the point of beginning. (Burro Mountain USGS 7.5'' Quad 1972 and
Piedras Blancas USGS 7.5'' Quad 1959)
[[Page 11796]]
[GRAPHIC][TIFF OMITTED]TP02MR95.028
CA-10. Arroyo Laguna Creek Beach, San Luis Obispo County (Index Map 3)
Beginning at 35 deg.39'08''N, 121 deg.13'15''W, located south of
Highway 1 and excluding the existing Highway 1 ROW, thence
southeasterly to 35 deg.39'05''N, 121 deg.13'17''W, thence south to
MLW, thence westerly following MLW to a point south of point of
beginning, thence north to point of beginning. (San Simeon USGS
7.5'' Quad 1958)
[GRAPHIC][TIFF OMITTED]TP02MR95.029
CA-11. Morro Bay Beaches, San Luis Obispo County (Index Map 3)
Unit 1--Toro Creek
Beginning at 35 deg.24'57'' N, 120 deg.52'27'' W, located west
of Highway 1 and excluding the existing Highway 1 ROW, thence
southerly along a line west of Highway 1, excluding the existing
Highway 1 ROW, to 35 deg.24'30''N, 120 deg.52'14''W, thence west to
MLW, thence northwesterly following MLW to a point west of point of
beginning, thence east to point of beginning. (Morro Bay North USGS
7.5'' Quad 1965)
[[Page 11797]]
[GRAPHIC][TIFF OMITTED]TP02MR95.030
Unit 2--Atascadero Beach
Beginning at 35 deg.24'13''N, 120 deg.52'02''W, located west of
Beachcomber Drive, thence southeasterly along upper beach to
35 deg.23'38''N, 120 deg.51'48''W, located west of Sandalwood
Avenue, thence south to 35 deg.23'24''N, 120 deg.51'39''W, thence
south to 35 deg.22'22''N, 120 deg.51'31''W, located at the southwest
end of powerplant, thence west to MLW, thence northerly following
MLW to a point west of point of beginning, thence east to point of
beginning. (Morro Bay North and Morro Bay South USGS 7.5'' Quads
1965)
[GRAPHIC][TIFF OMITTED]TP02MR95.031
Unit 3--Morro Bay Beach
Beginning at 35 deg.17'28''N, 120 deg.52'46''W, located at south
end of beach, thence west to MLW, thence northeasterly following MLW
to breakwater, thence from breakwater following MLW clockwise around
northern end of peninsula to a point east of 35 deg.21'28''N,
120 deg.51'28''W, thence west to said point, thence southwesterly to
35 deg.19'54''N, 120 deg.51'38''W, thence southwesterly to
35 deg.18'38''N, 120 deg.52'06''W, thence southwesterly to point of
beginning. (Morro Bay South USGS 7.5'' Quad 1978)
[[Page 11798]]
[GRAPHIC][TIFF OMITTED]TP02MR95.032
CA-12. Pismo Beach/Nipomo Dunes, San Luis Obispo and Santa Barbara
Counties (Index Map 3)
Beginning at 34 deg.53'02''N, 120 deg.39'40''W, located
northeast of Mussel Point, thence west to MLW, thence northerly
following MLW to a point west of 35 deg.06'06''N, 120 deg.37'45''W,
thence east to said point, thence southeasterly to 35 deg.06'01''N,
120 deg.37'40''W, located on north bank of Arroyo Grande Creek,
thence easterly following north bank of Arroyo Grande Creek to
35 deg.05'58''N, 120 deg.37'19''W, thence southerly across Arroyo
Grande Creek to 35 deg.05'56''N, 120 deg.37'18''W, thence westerly
to 35 deg.05'58''N, 120 deg.37'38''W, thence southeasterly to
35 deg.05'27''N, 120 deg.37'32''W, thence southerly to
35 deg.04'27''N, 120 deg.37'30''W, thence southwesterly to
35 deg.02'32''N, 120 deg.37'35''W, thence south to 35 deg.01'42''N,
120 deg.37'35''W, thence southwesterly to 34 deg.58'53''N,
120 deg.39'02''W, thence southeasterly across Guadalupe oil field to
34 deg.58'10''N, 120 deg.38'27''W, located at east end of a pond
north of Santa Maria River, thence southwesterly to a point on 40-
foot contour line 34 deg.57'45''N, 120 deg.38'59''W, located south
of the Santa Maria River, thence southwesterly along the 40-foot
contour line to point of beginning. (Oceano USGS 7.5'' Quad 1979 and
Point Sal USGS 7.5'' Quad 1974)
[[Page 11799]]
[GRAPHIC][TIFF OMITTED]TP02MR95.033
CA-13. Point Sal to Point Conception Beaches, Santa Barbara County
(Index Map 3)
Unit 1--Vandenberg Beach
Beginning at 35 deg.51'41''N, 120 deg.36'36''W, located on 40-
foot contour line, thence southerly along 40-foot contour line to
34 deg.45'22''N, 120 deg.37'50''W, located southeast of Purisma
Point, thence south to MLW, thence northwesterly following MLW
around Purisma Point, thence north following MLW to a point west of
point of beginning, thence east to point of beginning. (Casmalia
USGS 7.5'' Quad 1982)
[[Page 11800]]
[GRAPHIC][TIFF OMITTED]TP02MR95.034
Unit 2--Santa Ynez River Mouth/Ocean Beach
Beginning at 34 deg.42'16''N, 120 deg.35'54''W, located west of
beach access road, thence southeasterly to 34 deg.41'56''N,
120 deg.35'45''W, located west of railroad tracks, thence
southwesterly to 34 deg.41'35''N, 120 deg.35'55''W, located on north
bank of Santa Ynez River, thence northeasterly to 34 deg.41'41''N,
120 deg.35'43''W, thence southeasterly along north bank of Santa
Ynez River to 34 deg.41'24''N, 120 deg.35'05''W, located at end of
Gravel Pit Road, thence southwesterly to 34 deg.41'18''N,
120 deg.35'13''W, located on south bank of Santa Ynez River, thence
west across railroad tracks to 34 deg.41'27''N, 120 deg.35'58''W,
located on 40-foot contour line, thence southwesterly along 40-foot
contour line to 34 deg.37'28''N, 120 deg.37'16''W, located 400 feet
west of railroad tracks, thence west to MLW, thence northeasterly
following MLW to a point west of point of beginning, thence east to
point of beginning. (Surf USGS 7.5'' Quad 1974)
[[Page 11801]]
[GRAPHIC][TIFF OMITTED]TP02MR95.035
Unit 3--Jalama Beach
Beginning at 34 deg. 30' 48'' N, 120 deg. 30' 12'' W, thence
southeasterly to 34 deg. 30' 44'' N, 120 deg. 30' 04'' W, located at
northern end of Jalama Beach Lagoon, thence southeasterly to 34 deg.
30' 23'' N, 120 deg. 29' 55'' W, thence southeasterly to 34 deg. 29'
53'' N, 120 deg. 29' 44'' W, thence southeasterly to 34 deg. 29'
43'' N, 120 deg. 29' 42'' W, thence west to MLW, thence
northwesterly following MLW to a point west of point of beginning,
thence east to point of beginning. (Tranquillon Mountain USGS 7.5''
Quad 1959, Lompoc Hills USGS 7.5'' Quad 1971, and Point Conception
USGS 7.5'' Quad 1974)
[GRAPHIC][TIFF OMITTED]TP02MR95.036
[[Page 11802]]
CA-14. Santa Barbara Coast Beaches, Santa Barbara County (Index Map 3)
Unit 1--Devereaux Beach
Beginning at 34 deg. 25' 13'' N, 119 deg. 53' 31'' W, located on
20 foot contour line, thence southeasterly following 20-foot contour
line, thence northeasterly around Coal Oil Point to 34 deg. 24' 33''
N, 119 deg. 51' 57'' W, located on 20 foot contour line, thence
south to MLW, thence westerly following MLW, southwesterly around
Coal Oil Point, thence northwesterly to a point south of point of
beginning, thence north to point of beginning. (Dos Pueblos Canyon
and Goleta USGS 7.5'' 3 Quad 1988)
[GRAPHIC][TIFF OMITTED]TP02MR95.037
Unit 2--Point Castillo/ Santa Barbara Harbor Beach
Point Castillo
Beginning (breakwater and sandspit) at 34 deg.24'17'' N,
119 deg.41'13'' W, located at Beacon, thence south to MLW, thence
southwesterly following MLW on outside of breakwater to Point
Castillo, thence northeasterly following MLW inside of breakwater to
southwest end of sandspit, thence circle sandspit clockwise
following MLW to a point south of point of beginning, thence north
to point of beginning. (Santa Barbara USGS 7.5'' Quad 1967)
Santa Barbara Harbor Beach
Beginning at 34 deg.24'16'' N, 119 deg.41'37'' W, located at
southwest end of beach, thence northeasterly following a line south
of Cabrillo Blvd. to 34 deg.22'09'' N, 119 deg.38'22'' W, located on
west side of Stearns Wharf, thence northeasterly to 34 deg.24'54''
N, 119 deg.40'52'' W, thence easterly following a line just south of
Cabrillo Blvd. to 34 deg.25'03'' N, 119 deg.39'50'' W, thence
southeasterly to 34 deg.25'00'' N, 119 deg.38'01'' W, thence south
to MLW, thence southwesterly following MLW to a point east of point
of beginning, thence west to point of beginning. (Santa Barbara USGS
7.5'' Quad 1967)
[GRAPHIC][TIFF OMITTED]TP02MR95.038
Unit 3--Carpinteria Beach
Beginning at 34 deg.23'38'' N, 119 deg.31'26'' W, located at end
of Linden St. on northwest end of beach, thence southeasterly to
34 deg.23'22'' N, 119 deg.31'02'' W, located at southeast end of the
beach, thence south to MLW, thence northwesterly following MLW to a
point south of point of beginning, thence north to point of
beginning. (Carpinteria USGS 7.5'' Quad 1988)
[[Page 11803]]
[GRAPHIC][TIFF OMITTED]TP02MR95.039
[GRAPHIC][TIFF OMITTED]TP02MR95.040
CA-15. Oxnard Lowlands, Ventura County (Index Map 4)
Unit 1--San Buena/Ventura Beach
Beginning 34 deg.16'33'' N, 119 deg.17'38'' W, which is located
at northwest end of beach, thence east to 34 deg.16'51'' N,
119 deg.17'24'' W, thence southeasterly to 34 deg.16'40'' N,
119 deg.17'03'' W, thence southeasterly to 34 deg.16'15'' N,
119 deg.16'33'' W, thence southeasterly to 34 deg.15'40'' N,
119 deg.16'16'' W, thence southeasterly to 34 deg.15'02'' N,
119 deg.15'52'' W, thence west to MLW, thence northwesterly
following MLW to a point south of point of beginning, thence north
to point of beginning. (Ventura USGS 7.5'' Quad 1967)
[[Page 11804]]
[GRAPHIC][TIFF OMITTED]TP02MR95.041
Unit 2--Mandalay Beach/Santa Clara River Mouth
Beginning at 34 deg.14'28'' N, 119 deg.16'12'' W, located at the
north end of beach, thence southeasterly to 34 deg.14'10'' N,
119 deg.15'30'' W, located on north bank of Santa Clara River,
thence east to 34 deg.14'09'' N, 119 deg.15'57'' W, thence south to
34 deg.14'09'' N, 119 deg.13'57'' W, thence west following south
bank of Santa Clara River to 34 deg.14'01'' N, 119 deg.15'30'' W,
thence southwesterly to 34 deg.13'53'' N, 119 deg.15'40'' W, located
on 15-foot contour line, thence southeasterly to 34 deg.12'58'' N,
119 deg.15'15'' W, located on north end of McGrath Lake, thence
southeasterly following 15-foot contour line to 34 deg.09'30'' N,
119 deg.13'28'' W, located on north side of boat ramp, thence west
to MLW, thence northwesterly following MLW to a point west of point
of beginning, thence east to point of beginning. (Oxnard USGS 7.5''
Quad 1967)
[[Page 11805]]
[GRAPHIC][TIFF OMITTED]TP02MR95.042
Unit 3--Ormond Beach
Beginning at 34 deg.08'40'' N, 119 deg.11'58'' W, located east
of road to jetty, thence southeasterly to 34 deg.08'49'' N,
119 deg.11'58'' W, thence southeasterly to 34 deg.07'48'' N,
119 deg.10'15'' W, located at northwest end of wetlands, thence
southeasterly to 34 deg.07'22'' N, 119 deg.09'19'' W, located on
west side of Arnold Road, thence southwest along Arnold Road to
34 deg.07'10'' N, 119 deg.09'32'' W, located at end of Arnold Road,
thence west to MLW, thence northwesterly following MLW to a point
south of point of beginning, thence north to point of beginning.
(Oxnard and Point Mugu USGS 7.5'' Quads 1967)
[[Page 11806]]
[GRAPHIC][TIFF OMITTED]TP02MR95.043
Unit 4--Mugu Lagoon Beach
Beginning at 34 deg.07'15'' N, 119 deg.09'28'' W, thence
southeasterly to 34 deg.06'45'' N, 119 deg.08'44'' W, thence
southwesterly to 34 deg.06'42'' N, 119 deg.08'47'' W, thence
southeasterly to 34 deg.06'31'' N, 119 deg.08'32'' W, thence
southeasterly to 34 deg.06'20'' N, 119 deg.08'10'' W, thence
southeasterly following 10-foot contour line to 34 deg.06'03'' N,
119 deg.05'44'' W, thence east following the HWL of Mugu Lagoon and
crossing the mouth of said lagoon to 34 deg.05'34'' N,
119 deg.04'13'' W, thence southeasterly to 34 deg.05'28'' N,
119 deg.04'08'' W, located on 10 foot contour line, thence
southeasterly following 10 foot contour line to 34 deg.05'10'' N,
119 deg.03'38'' W, located on west side of Point Mugu, thence west
to MLW, thence northwesterly following MLW, but excluding the mouth
of Mugu Lagoon, to a point south of point of beginning, thence north
to point of beginning. (Point Mugu USGS 7.5'' Quad 1967)
[GRAPHIC][TIFF OMITTED]TP02MR95.044
CA-16. San Nicolas Island Beaches, Ventura County (Index Map 4)
Unit SN-1
Beginning at 33 deg.14'02'' N, 119 deg.26'12'' W, thence east to
MLW, thence southeasterly and southwesterly following MLW around
east end of Island to a point east of 33 deg.13'27'' N,
119 deg.26'11'' W, thence west to said point, thence north following
25-foot contour line to point of beginning. (San Nicolas Island USGS
7.5'' Quad 1956)
Unit SN-2
Beginning at 33 deg.12'59'' N, 119 deg.28'33'' W, located south
of Island Road, thence easterly to 33 deg.12'57'' N, 119 deg.27'59''
W, thence easterly to 33 deg.13'02'' N, 119 deg.27'17'' W, thence
easterly to 33 deg.13'10'' N, 119 deg.26'55'' W, thence south to
MLW, thence west following MLW to a point south of point of
beginning, thence north to point of beginning. (San Nicolas Island
USGS 7.5'' Quad 1956)
Unit SN-3
Beginning at 33 deg.13'12'' N, 119 deg.29'36'' W, located south
of Island Road, thence easterly to 33 deg.13' 11'' N,
119 deg.29'09'' W, thence easterly to 33 deg.13'02'' N,
119 deg.28'39'' W, thence south to MLW, thence west following MLW to
a point south of point of beginning, thence north to point of
beginning. (San Nicolas Island USGS 7.5'' Quad 1956)
Unit SN-4
Beginning at 33 deg.13'18'' N, 119 deg. 30' 05'' W, thence
southeasterly to 33 deg.13' 10'' N, 119 deg.29'48'' W, thence west
to MLW, thence northwesterly to a point south of point of beginning,
thence north to point of beginning. (San Nicolas Island USGS 7.5''
Quad 1956)
Unit SN-5
Beginning at 33 deg.13'24'' N, 119 deg.30'25'' W, thence
southeasterly to 33 deg.13'17'' N, 119 deg.30'09'' W, thence south
to MLW, thence northwesterly following MLW to a point south of point
of beginning, thence north to point of beginning. (San Nicolas
Island USGS 7.5'' Quad 1956)
Unit SN-6
Beginning at 33 deg.13'47'' N, 119 deg.31'12'' W, thence
southeasterly to 33 deg.13' 36'' N, 119 deg.0'55'' W, thence south
to MLW, thence northwesterly following MLW to a point south of point
of beginning, thence north to point of beginning. (San Nicolas
Island USGS 7.5'' Quad 1956)
Unit SN-7
Beginning at 33 deg.14'10'' N, 119 deg.32'49'' W, thence
southeasterly to 33 deg.14'07'' N, 119 deg.32'41'' W, thence
southeasterly to 33 deg.14'00'' N, 119 deg.32'38'' W, thence south
to MLW, thence northwesterly following MLW to a point south of point
of beginning, thence north to point of beginning. (San Nicolas
Island USGS 7.5'' Quad 1956)
Unit SN-8
Beach within circle with a radius of 250 feet with center at
33 deg.14'40'' N, 119 deg.33'29'' W. (San Nicolas Island USGS 7.5''
Quad 1956)
Unit SN-9
Beginning at 33 deg.16'22'' N, 119 deg.33'11'' W, thence
southwesterly to 33 deg.16'17'' N, 119 deg.33'22'' W, thence
southwesterly to 33 deg.16'13'' N, 119 deg.33'43'' W, thence north
to MLW, thence northeasterly following MLW to a point north of point
of beginning, thence [[Page 11807]] south to point of beginning.
(San Nicolas Island USGS 7.5'' Quad 1956)
Unit SN-10
Beginning at 33 deg.17'01'' N, 119 deg.31'58'' W, thence
southwesterly to 33 deg.16'51'' N, 119 deg.32'08'' W, thence
southwesterly to 33 deg.16'47'' N, 119 deg.32'21'' W, thence north
to MLW, thence northeasterly following MLW to a point west of point
of beginning, thence east to point of beginning. (San Nicolas Island
USGS 7.5'' Quad 1956)
Unit SN-11
Beginning at 33 deg.15'31'' N, 119 deg.27'52'' W, thence
westerly to 33 deg.15'32'' N, 119 deg.28'11'' W, thence westerly to
33 deg.15'46'' N, 119 deg.28'55'' W, thence northwesterly to
33 deg.15'59'' N, 119 deg.29'10'' W, thence southwesterly to
33 deg.15'54'' N, 119 deg.29'34'' W, thence northwesterly to
33 deg.15'58'' N, 119 deg.29'52'' W, thence north to MLW, thence
easterly following MLW to a point north of point of beginning,
thence south to point of beginning. (San Nicolas Island USGS 7.5''
Quad 1956)
Unit SN-12
Beginning at 33 deg.14'25'' N, 119 deg.26'35'' W, thence
northwesterly to 33 deg.14'40'' N, 119 deg.26'49'' W, thence east to
MLW, thence southeasterly following MLW to a point east of point of
beginning, thence west to point of beginning. (San Nicolas Island
USGS 7.5'' Quad 1956)
[GRAPHIC][TIFF OMITTED]TP02MR95.045
CA-17. Malibu Lagoon, Los Angeles County (Index Map 4)
Beginning at 34 deg.01'58'' N, 118 deg.40'53'' W, thence
northwesterly crossing Highway 1, and excluding Highway 1 and the
existing ROW north and south of Highway 1, to 34 deg.02'04'' N,
118 deg.40'56'' W, thence northwesterly to 34 deg.02'13'' N,
118 deg.40'59'' W, thence northeasterly to 34 deg.02'14'' N,
118 deg.40'56'' W, thence southeasterly to 34 deg.02'03'' N,
118 deg.40'47'' W, thence east to 34 deg.02'03'' N, 118 deg.40'44''
W, thence northeasterly to 34 deg.02'12'' N, 118 deg.40'37'' W,
thence south to MLW, thence southerly and westerly following MLW to
a point directly south of the point of beginning, thence north to
the point of beginning. (Malibu Beach USGS 7.5'' Quad 1981)
[GRAPHIC][TIFF OMITTED]TP02MR95.046
CA-18. Mission Beach and Bay, San Diego County (Index Map 4)
Unit 1--Fiesta Island
Beginning at 32 deg.46'07'' N, 117 deg.14'34'' W, thence south
to MLW, thence southerly and northerly following MLW to a point
directly south of 32 deg.45'34'' N, 117 deg.14'50'' W, thence north
to said point, thence northwesterly to 32 deg.45'52'' N,
117 deg.14'58'' W, thence northeasterly to 32 deg.46'16'' N,
117 deg.14'55'' W, thence southeasterly to the point of beginning.
(La Jolla USGS 7.5'' Quad 1975)
Unit 2--Mariner's Basin
Beginning at 32 deg.46'31'' N, 117 deg.13'25'' W, thence
southeasterly to 32 deg.46'30'' N, 117 deg.13'23'' W, thence
southwesterly to 32 deg.46'15'' N, 117 deg.13'34'' W, thence
southeasterly to 32 deg.46'10'' N, 117 deg.13'23'' W, thence south
to MLW, thence westerly and northerly following MLW to a point
directly west of the point of beginning, thence east to the point of
beginning. (La Jolla USGS 7.5'' Quad 1975)
Unit 3--Mission Beach
Beginning at 32 deg.46'26'' N, 117 deg.15'08'' W, thence
southerly to 32 deg.46'02'' N, 117 deg.15'06'' W, thence southerly
to 32 deg.45'43'' N, 117 deg.15'05'' W, thence southeasterly to
32 deg.45'34'' N, 117 deg.14'57'' W, which is on the north jetty to
Mission Bay, thence westerly following the north side of the jetty
to MLW, thence northerly following MLW to a point directly west of
the point of beginning, thence east to the point of beginning. (La
Jolla USGS 7.5'' Quad 1975)
[[Page 11808]]
[GRAPHIC][TIFF OMITTED]TP02MR95.047
CA-19. South San Diego Coast Beaches, San Diego County (Index Map 4)
Unit 1--Silver Strand/Delta Beach
Beginning at 32 deg.40'08'' N, 117 deg.09'54'' W, thence
northeasterly to 32 deg.40'40'' N, 117 deg.09'13'' W, thence east to
MLW, thence southwesterly following MLW to a point directly north of
32 deg.39'27'' N, 117 deg.09'10'' W, thence south to said point,
thence northeasterly to 32 deg.39'30'' N, 117 deg.08'57'' W, thence
southeasterly to 32 deg.39'16'' N, 117 deg.08'48'' W, thence
southwesterly to 32 deg.39'11'' N, 117 deg.09'00'' W, thence
southeasterly following the east side of the San Diego and Arizona
Eastern Railroad tracks to 32 deg.38'34'' N, 117 deg.08'40'' W,
thence northeasterly to 32 deg.38'39'' N, 117 deg.08'36'' W, thence
east to MLW, thence southerly following MLW to a point directly east
of 32 deg.38'12'' N, 117 deg.08'26'' W, thence west to said point,
thence southwesterly to 32 deg.38'11'' N, 117 deg.08'31'' W, thence
southeasterly to 32 deg.37'20'' N, 117 deg.08'10'' W, thence
southeasterly following the west side of Silver Strand Boulevard to
32 deg.36'43'' N, 117 deg.08'02'' W, thence southeasterly to
32 deg.36'32'' N, 117 deg.07'55'' W, thence southerly to
32 deg.35'09'' N, 117 deg.07'51'' W, thence west to MLW, thence
north following MLW to a point directly west of the point of
beginning, thence east to the point of beginning. (Point Loma and
Imperial Beach, Calif.--Baja Calif. Norte USGS 7.5'' Quads 1975)
[GRAPHIC][TIFF OMITTED]TP02MR95.048
Unit 2--Tijuana River Beach
Beginning at 32 deg.34#01## N, 117 deg.07#53## W, thence
southerly following the unimproved road to 32 deg.33#44## N,
117 deg.07#49## W, thence east to the HWL of Oneonta Slough, thence
south following the HWL of said slough to 32 deg.33#26## N,
117 deg.07#40## W, which is at the mouth of Tijuana River, thence
southeasterly crossing said river to 32 deg.32#36## N,
117 deg.07#24## W, thence south to 32 deg.32#04## N, 117 deg.07#24##
W, thence west to MLW, thence northerly following MLW, but excluding
the mouth of Tijuana River, to a point directly west of the point of
beginning, thence east to the point of the beginning. Excludes all
U.S. Fish and Wildlife Service property. (Imperial Beach, Calif.--
Baja Calif. Norte USGS 7.5## Quad 1975)
[[Page 11809]]
[GRAPHIC][TIFF OMITTED]TP02MR95.049
Primary Constituent Elements: Beaches, dunes, and estuaries that
provide habitat, or with rehabilitation, could provide habitat for
nesting, roosting, foraging, and migration.
Dated: February 1, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-4422 Filed 2-24-95; 8:45 am]
BILLING CODE 4310-55-P